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Home My WebLink About961291.tiff RESOLUTION RE: APPROVE CONTRACT FOR DAY CARE HOME INSPECTION BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF SOCIAL SERVICES AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for Day Care Home Inspection between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Social Services, commencing July 1, 1996, and ending June 30, 1997, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Day Care Home Inspection between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Social Services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of July, A.D., 1996, nunc pro tunc July 1, 1996. BOARD OF COUNTY COMMISSIONERS sisteor WELD COUNTY, COLORAD 4JZ4 ,*. I / �� cJ0.L,f / ti - ' Barb ra J. Kirkmeyer, C air ism It 100-ty Clerk to the Board f ,err A ��I , Georg/E. Baxter, Pr Te ,%/i .H00 eputy Clo. k o the Board ale K. Hall • ED A 0 FXCI ISFD f)ATF C)F SICNINf; (AYF Constance L. Harbert aunty Attorney %L � . W. H. Webster �— 961291 .a ; ffL1 STTF_ HL0022 Form 6-AC-02A(R 1/93) DEPARTMENT OR AGENCY NAME HUMAN SERVICES DEPARTMENT OR AGENCY NUMBER IHA ROWING NUMBER 97-IHA-01192 CONTRACT THIS CONTRACT,made this 18th day of June, 1996,by and between the State of Colorado for the use and benefit of the Department of Human Services, Division of Child Care, 1575 Sherman Street, Denver, Colorado,hereinafter referred to as the State, and the Weld County Board of Commissioners dba Weld County Department of Health, 1517 16th Avenue Court, Greeley, Colorado, 80631, hereinafter referred to as the Contractor. WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumberance Number in Fund Number 100 Appropriation Account 024,and Organization 4320;and Sc GC Le 97o I/9 2-- WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and WHEREAS,the State is the single Colorado agency responsible for the licensing of child care facilities;and WHEREAS,the State has the authority to contract for the inspection and investigation of family child care homes applying for an original or renewal license pursuant to Section 266-107(2),C.RS.;and WHEREAS,the said Section 26-6-107(2),C.RS.,provides that the contractor for such services may be a county department of health or county department of social services;and WHEREAS,the State desires to enter into this Contract with the Contractor herein for the inspection and investigation of family child care homes defined in 12 Colorado Code of Regulations(CCR)2509-8,at 7.707.1,located in Weld County,as set forth in greater detail below,and WHEREAS,the Contractor has been selected in accordance with the Colorado Procurement Code;and WHEREAS,as of the date of the execution of this Contract,the Contractor meets all statutory requirements for entering into this Contract, NOW THEREFORE,it is hereby agreed that: A. Statement of Work and Payment Provisions 1. The Contractor agrees to perform the following functions regarding the original licensure of family child care homes located in Weld County as defined in 12 CCR 2509-8,at section 7.707.1: a. Dissemination of information regarding the licensing process,the rules governing family child care homes and the legal requirement to be licensed; b. Compilation of all documentation for licensure required by the State; c. Prescheduled inspection of the entire premises of prospective family child care homes within two weeks of receiving a complete application package which includes the application form, completed family medical forms and CBI verification; d. Investigation of the applicant and all residents and employees of the applicant's home including any investigation required by the State to determine the suitability of the applicant and the home for licensure;and e. Completion and submission of all reports and referrals required by the State and in a manner prescribed by the Slate within two weeks of completing the inspection and investigation. Page 1 of 14 pages 2. The Contractor agrees to perform the following functions regarding the renewal licensure of family child care homes located in Weld County as defined in 12 CCR 2509-8,at section 7.707.1: a. Dissemination of information regarding the renewal licensing process including the rules governing family child care homes and the legal requirement to be licensed; b. Compilation of all documentation for renewal licensure required by the State; c. Initiation of the renewal process by an unannounced inspection of the entire premises of family child care homes including review of all records required to be maintained by the family child care provider;and d. Investigation of the applicant and all residents and employees of the applicants home including any investigation required by the State to determine the suitability of the applicant and the home for licensure;and e. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by the State within two weeks of completing the inspection and investigation. 3. The Contractor agrees to perform those functions regarding the continuation of permanent licensure of family child care homes located in Weld County as defined in 12 CCR 2509-8,at section 7.707.1: a. Unannounced visitation of family child care homes on a permanent license to perform a review of the home's operation to monitor compliance with applicable laws, rules and regulations at least once every two years or according to the time frame associated with the home's Department assigned risk factor, and b. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by the State within two weeks of completing the inspection and investigation. 4. The Contractor agrees to perform the following functions related to the supervision of licensed family child care homes located in Weld County as defined in 12 CCR 2509-8,at section 7.701.1: a. Unannounced visitation of homes on probationary licenses at least monthly as required by the State or as required by the probationary license;and b. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by the state within two weeks of completing the inspection. 5. The Contractor agrees to perform the following functions related to the investigation of complaints concerning licensed family child care homes in Weld County: a. Investigation of each and every complaint alleging or involving licensing violations regarding any licensed family child care home for which the Contractor is responsible for inspecting under the terms of this Contract in accordance with the time frames outlined in Exhibit A Such investigations may include an unannounced visit to the home and conducting sufficient interviews necessary to determine if a violation has occurred. Any visit to the home to investigate a complaint shall be unannounced and conducted as a supervisory visit as set forth in paragraph 4 of this section. b. Identifying information related to those persons making complaints regarding licensed family child care homes shall be kept confidential. c. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by the State within two weeks of completing the investigation 6. The Contractor agrees to perform the following functions related to the investigation of allegations of illegally-operating, unlicensed family child care homes in Weld County: a. Investigation of each and every complaint alleging or involving the operation of unlicensed family child care homes which,if licensed,the Contractor would have the responsibility of inspecting under the terms of this Contract Such investigation shall include an unannounced visit to the home, interviews necessary to determine whether the operation is such that a license is required under the Child Care Act,Section 26-6-101 et seq.,C.R.S.and the rules of the State,and issuance of a cease and desist order to those homes found in violation of the law along with a copy of an order form to obtain an application package and information about licensing orientations available from the Colorado State Forms and Publication Center.4200 Garfield Street,Denver,Colorado 80216-6517. b. Investigation into each and every home issued a cease and desist order to insure compliance which may include other unannounced visits to the home,interviews and surveillance if an application is not received within forty-five days of issuance of the order as required by the State;and c. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by the State. 7. The Contractor agrees to submit all original reports,records and documentation regarding family child care homes to the State in a timely manner. Page 2 of 14 pages 8. The Contractor agrees to use those forms required by the State in carrying out the functions set forth in this Contract including, but not limited to,the Report of Inspection(CWS-47)and the Licensing Investigation Form(CWS-50). 9. The Contractor agrees to provide the licensees a copy of any reports prepared by the Contractor or its employees as a result of any inspection or investigation done under the terms of this Contract. The Contractor further agrees to inform licensees of their right to request a waiver of any rule which works an undue hardship on the licensee or which s/he believes has been too stringently applied by the Contractor or the State as provided in 12 CCR 2509-8,at 7.701.35. The Contractor further agrees to provide the licensees a copy of the State Waiver/Appeal form and to instruct the licensees to send the form directly to the State Department. 10. The Contractor agrees that any employee acting under the terms of this Contract or his/her supervisor shall be available to testify in any legal proceeding brought for the purposes of enforcing the Child Care Act. l 1. The Contractor agrees that all employees of the Contractor acting under the terms of this Contract will attend any required training sessions offered by the State and that the information provided at those sessions will be incorporated into the procedures used to carry out the terms of this Contract. 12. The Contractor agrees to perform its obligations hereunder in conformity with the Child Care Act,other relevant state laws and all regulations promulgated pursuant thereto;including,without limitation,the Colorado Social Services Code,Sections 26-1- 101,et seq.,C.R.S.,as all the foregoing are in effect as of the date of execution of this Contract,and as they may later be amended. 13. The Contractor shall assure that licensees and persons interested in licensure have appropriate and timely access to services. The Contractor will facilitate the application process for interested parties and respond in a timely manner to all inquiries regarding licensure. 14. The Contractor shall process paperwork in a timely and accurate manner to promote timely service to providers and parents. The Contractor shall submit signed reports and assure adequate documentation to support all referrals. 15. Compensation/Maximum Payable In consideration for the services rendered in accordance with this Contract,the State shall pay the Contractor THIRTY SIX THOUSAND DOLLARS($36,000)to be paid to the Contractor in accordance with paragraph 16 below. Payment pursuant to this Contract will be made as earned,in whole or in part,from available state funds in an amount not to exceed$36,000.00 for the purchase of the within-described services. The liability of the State,at any time,for such payments shall be limited to the encumbered amount remaining of such funds. 16. Billing/Payment Procedure The State shall establish billing procedures for actual,reasonable and necessary expenses incurred in providing services pursuant to this Contract,based on the submission of monthly expenditure statements,on forms prescribed by the State,in accordance with the budget attached to this contract as Exhibit B and incorporated herein The amount of funds allocated to each line item of the budget may be reallocated upon written request of the Contractor and the subsequent written approval of the State subject to the limitation of paragraph 15 above,Compensation/Maximum Payable. 17. Term The tern of this contract shall be 7/1/96 through 6/30/97 18. Notice and Representatives Representatives For the purposes of this Contract,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to lime designate in writing a new or substitute representative(s): For the State: For the Contractor: Grace Hardy, Director John Pickle,Director Name,Title Name,Title Notice All notice required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom • such notices shall be sent: To the State: To the Contractor: Dana D.Andrews,MSW John Pickle Licensing Administrator Director Division of Child Care Weld County Department of Health 1575 Sherman Street 1517 16th Avenue Court Denver,Colorado 80203-1714 Greeley,Colorado 80631 Page 3 of 14 pages GENERAL PROVISIONS Contract General Clauses The following clauses apply to this contract. In some instances, these general clauses have been expanded upon in other sections of this contract. To the extent that other provisions of the contract provide more specificity than these general clauses, the more specific provision shall control. A. Federal Funds Contingency Payment pursuant to this contract, if in federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof In the event that said funds, or any part thereof, become unavailable as determined by the State, the State may immediately terminate this contract or amend it accordingly. B. INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. Revised 3/13/96 Page 4 of 14 pages C. Beneficiary Except as herein specifically provided otherwise, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the named contractor. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the contractor that any such person or entity, other than the State or the contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. D. Liability Insurance/Fidelity Coverage - Contractor 1. During the term of this contract, and any extension(s) hereof, contractor agrees that it will keep in force an insurance policy or policies, issued by a company authorized to do business in Colorado, in the kinds and minimum amounts specified below unless specifically waived herein. in the event of cancellation of any such coverage, the contractor shall immediately notify the State of such cancellation. a. Standard Worker's Compensation and Employers' Liability as required by State statute, including occupational disease; covering all employees on or off the work site, acting within the course and scope of their employment. b. Except as to a "public entity"described below, General, Personal Injury, Professional, Automobile Liability (including bodily injury, personal injury and property damage) minimum coverages: (1) Occurrence basis policy: combined single limit of$600,000. (2) Annual Aggregate Limit policy: Not less than $1,000,000 plus agreement that the contractor will purchase additional insurance to replenish the limit to $1,000,000 if claims reduce the annual aggregate below$600,000. (3) Claims-Made policy: combined single limit of$600,000; plus an endorsement that extends coverage two years beyond the policy expiration date. 2. The State of Colorado shall be named as an additional insured on all liability policies. 3. The insurance shall include provisions preventing cancellation without thirty (30) calendar days prior written notice to the State by certified mail. Revised 3/13/96 Page 5 of 14 pages 4. The contractor shall provide certificates of adequate insurance coverage to the State within ten (10) working days of receipt of award, unless otherwise provided. 5. The contractor shall provide such other insurance as may be required by law, or in a specific solicitation. If the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as amended ("Act"); the contractor shall maintain such insurance, by commercial policy or self-insurance, as is necessary to meet the contractor's liabilities under the Act. Proof of such insurance shall be provided upon request by the State. E. Licenses/Approvals/Insurance The contractor certifies that, at the time of entering into this contract, it has currently in effect all necessary licenses, certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. Additionally, all employees of the contractor performing services under this contract shall hold the required license or certification, if any, to perform their responsibilities. Any revocation, withdrawal or nonrenewal of necessary license, certification, approval, insurance, etc. required for the contractor to properly perform this contract, shall be grounds for termination of this contract by the State. The contractor further certifies that, if a foreign corporation, a limited liability company, a limited liability partnership or a limited liability limited partnership, it currently has a Certificate of Good Standing or Certificate of Existence to do business in Colorado. Proof of such certification shall be provided upon request by the State. F. Records Maintenance The contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to the operation of the program/project or the delivery of services under this contract. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other contractor records. Revised 3/13/96 Page 6 of 14 pages G. Records Retention and Availability All such records, documents, communications, and other materials shall be the property of the State unless otherwise specified herein and shall be maintained by the contractor, for a period of three (3) years from the date of final payment or submission of the final federal expenditure report under this contract, unless the State requests that the records be retained for a longer period, or until an audit has been completed with the following qualification. If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit findings. H. Performance Monitoring The contractor shall permit the State and any other governmental agency authorized by law, or their authorized designee to monitor all activities conducted by the contractor pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on-site verification, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with contract work. Audits The contractor authorizes the State or its representatives to perform audits and/or inspections of its records at any reasonable time during the term of this contract and for a period of three (3) years, (unless the State determines a longer timeframe is required) following the date of final payment under this contract, to assure compliance with its terms and/or to evaluate the contractor's performance. Any amounts which have been paid by the State which are found to be improper in accordance with other terms of this contract shall be immediately returned to the State or may be received in accordance with other remedies. J- Confidentiality of Records The contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in accordance with this contract. Except as provided by law, no information in possession of the contractor about any individual constituent shall be disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, or guardian. The contractor shall have written policies governing access to, duplication and dissemination of, all such information. The contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. The contractor shall provide its employees, agents and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Revised 3/13/96 Pano 7 of 1 G • K. Conflict of Interest During the term of this contract, the contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the contractor fully performing his/her obligations under this contract_ Additionally, the contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Thus, the contractor agrees to refrain from any practices, activities or relationships which could reasonably be considered to be in conflict with the contractor's fully performing his/her obligations to the State under the terms of this contract, without the prior written approval of the State. In the event that the contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be grounds for termination of the contract. L. Conformance with Law The contractor shall at all times during the term of this contract strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be amended. The contractor acknowledges that the following laws are included: - Age Discrimination Act of 1975 42 U.S.C. Sections 6101 et. seq. - Age Discrimination in Employment 29 U.S.C. 621-634 Act of 1967 - Americans with Disabilities Act 42 U.S.C. 12101 et seq. of 1990 (ADA) - Drug Free Workplace Act of 1988 41 U.S.C. 701 et seq. - Equal Pay Act of 1963 29 U.S.C. 206(d) - Immigration Reform and Control 8 U.S.C. 1324b Act of 1986 - Pro-Children Act of 1994 20 U.S.C. 6081 et seq. - Section 504 of the Rehabilitation 29 U.S.C. 794 Act of 1973 Revised 3/13/96 Pan° 8 of 14 nne,oc - Title VI of the Civil Rights Act 42 U.S.C. 2000d of 1964 - Title VII of the Civil Rights Act 42 U.S.C. 2000e of 1964 - Title IX of the Education Amend- 20 U.S.C. 1681 et seq. ments of 1972 - Section 24-34-302, et seq., Colorado Revised Statutes 1993, as amended. The contractor also shall comply with any and all laws and regulations prohibiting discrimination in the specific program(s) which is/are the subject_of this contract. In consideration of and for the purpose of obtaining any and all federal and/or state financial assistance, the contractor makes the following assurances, upon which the State relies. 1. The contractor will not discriminate against any person on the basis of race, color, national origin, age, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, in performance of work under this contract. 2. At all times during the performance of this contract, no qualified individual with a disability.shall, by reason of such disability, be excluded from participation in, or denied benefits of the service, programs, or activities performed by the contractor, or be subjected to any discrimination by the contractor. 3. The contractor shall take all necessary affirmative steps, as required by 45 CFR 92.36(e), Colorado Executive Orders D0055 87 and D0005 94 and State Procurement Rules, to assure that small and minority businesses and women's business enterprises are used, when possible, as sources of supplies, equipment, construction, and services purchased under this contract. M. Assignment/Delegation/Subcontracting Except as herein specifically provided otherwise, the duties and obligations of the contractor arising hereunder cannot be assigned, delegated nor subcontracted except with the express prior written consent of the State. The subcontracts permitted by the State shall be subject to the requirements of this contract, and the contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this contract. The contractor shall be responsible for the performance of any subcontractor. Failure of the subcontractor to provide services in accordance with the requirements of this contract shall be the responsibility of the contractor. The contractor warrants and agrees that any subcontract resulting from its performance under the terms and conditions of this contract, shall include a provision that the said subcontractor shall abide by the terms and conditions hereof, as well as all other applicable federal and State laws, and rules and regulations pertinent hereto that have been or may hereafter be established. Also, the contractor warrants and agrees that all subcontracts shall include a provision that the subcontractor shall indemnify and hold Pamicori R/14/QR harmless the State. The subcontractors must be certified to work on any equipment for which their services are obtained. N. Litigation The contractor shall promptly notify the State in the event that the contractor learns of any actual litigation in which it is a party defendant in a case which involves services provided under this contract. The contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. O. Disputes Except as herein specifically provided otherwise, disputes concerning the performance of this contract which cannot be resolved by the designated contract representatives shall be referred in writing to a senior departmental management staff designated by the department and a senior manager designated by the contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director and the contractor chief executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law. P. Remedies The Executive Director of the State or designee may exercise the following remedial actions, in addition to all other remedial actions authorized by law, should s/he find the contractor substantially failed to satisfy the scope of work found in this contract. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the contractor. These remedial actions are as follows: 1. Withhold payment to the contractor until the necessary services or corrections in performance are satisfactorily completed; 2. Request the removal from work on the contract of employee(s) and/or agent(s) of the contractor whom the Executive Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract s/he deems to be contrary to the public interest or not in the best interest of the State; 3. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the State; Revised 3/13/96 Page 10 of 14 pages 4. Incorrect payments to the contractor due to omission, error, fraud, and/or defalcation shall be recovered from the contractor by deduction from subsequent payments under this contract or other contracts between the State and the contractor, or by the State as a debt due to the State or otherwise as provided by law. Q. Termination 1. The State may terminate the contract for cause without compensation for termination costs. If the State terminates the contract for cause, it will first give written notice to the contractor, stating the reasons for cancellation, procedures to correct problems, if any, and date the contract will be terminated in the event problems have not been corrected. a. In the event this contract is terminated for cause, the State will only reimburse the contractor for acceptable work or deliverables received up to the date of termination. b. In the event this contract is terminated for cause, final payment to the contractor may be withheld at the discretion of the State until completion of final audit. 2. The State shall have the right to terminate this contract by giving the contractor at least thirty (30) days prior written notice. If notice is so given, this contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 3. This contract is subject to immediate termination by the State in the event that the State determines that the health, safety, or welfare of persons receiving services may be in jeopardy. Additionally, the State may immediately terminate this contract upon verifying that the contractor has engaged in or is about to participate in fraudulent acts. R. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. Revised 3/13/96 Page 11 of 14 pages S. Integration of Understandings This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. Revised 3/13/96 Page 12 of 14 pages • SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the Stale of Colorado or such assistant as he may designate. 'Do provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than Silty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct.,tunnel.excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and Sufficient bond or other acceptable surety to be approved by said official in a penal sum not less Than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials-team hire,sustenance,provisions,provcndor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be dorm or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surely will pay the same in an amount not acceding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and filed,no claim in favorof the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106. • INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify, save,and hold harmless the State,its employees and agents, against any and all claims. damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor, or its employees. agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin.sex, marital status,religion,ancestry,mental or physical handicap,or age-The contractor will take afftmutive action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics-Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advertisingr,layoffs or tertvinations,rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this nondiscrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap. or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16. 1975,and by the roles,regulations'and Orders of the Governor,or pursuant thereto,and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race.creed,color. sex,national origin,-or ancestry. (f)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory orobstnict or prevent anyperson from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised 1/93 395-53-01-1022 13 14 Page— of pages • (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders. this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures• authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations, or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as maybe invoked as provided inExecutive Order. Equal Opportunity and Affirmative Action of April,l6, 1975, or by rules, regulations,or orders promulgated in accordance therewith, or as otherwise provided by law. (h)The contractor will include the provisions of paragraphs (a) through(h) in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16, 1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct as a means of enforcing such provisions,including sanctions for non-compliance; provided,however,that in the event the contractor becomes involved in.or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE Ga.Provisions of CRS 8-17-101 & 102 for preference of Colorado labor arc applicable to this contract if public works within the State arc undertaken hereunder and arc financed in whole or in part by State funds. b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with FedenLrequirements(CRS 8-19-101 and 102) GENERAL 7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution, and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in arty provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint. defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. • 8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 9.The signatories aver that they arc familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8,401,et,seq.,(Abuse of Public Office). and that no violation of Such provisions is present. 10.The signatories aver chat to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) Weld County, Colorado STATra COLORADO ount Board of ommissioners ROY ,,I ER,COVERNnR 1 OiLagm•Th 0 a,,. �`. A . A •" / ' By `s . a If � '07/24/96 •SEX UTIVEDIRECTOR • I ��r.G ( Chair fact % �51 _ . 84-6000: 3 �i�'Fe 'a� cityn DEPARTMENT. f rp, i,n. / ///� OF oorao Department of Human Services �0 �—� ♦ ; PP dba WELDa HyiLT SPAR MENT 1Y Pa or. 304Nu(iiii •" ,ck,t to Board - BY: JOHN S. PICKLE DIRECTOR • APPROVALS le A.,N n ATTORNEY GENER ttOr enerai COQI-Y9i VAL$r a By �Jj}"i L4•1 ATE •Ri f OW(ROLLER - • 4•„ 9/fX�l-� Assistant Attorney General State Revised 1f93Sandi-Mg u � Fonn 6-AC SE ndi-s?S�Seetlolage r 14- hi wch i.the last of 14 pager • ' �zr COMPLAINT INVESTIGATION GUIDELINES LEVEL• 1 z 'lE(sARx e7 MNYS 7N4m. k ' Nrg.' : , see 8 $xst.f"' 'y”.er 3° 6: Very Serious Within 24 hours Would consider summary suspension of the license. Would include any situation where a child's health and Coordinate with child safety arc immediately threatened. protection,loal law This would include such things as enforcemwt,or other L sexual abuse regulatory agency. 2,young children totally unsupervised STAGE II 3.death or hospitalisation of a child. INVESTIGATIONS SHOULD ALWAYS FOLLOW CAD PROTECTION INVESTIGATIONS. -' Serious 0-S witting days Would include such things as: L Gros violation of ratios(crimple double the,as of children for what there should be.) 2.Children abandoned,kit or wandering any from the facility. 1 Serious physical injury. 4.Caring forinfants or toddlers without a license for nada care S.Negative licensing in props for similar allegations. &Unlicensed arc with other allegations which indicate a threat to the safety of the children.(children unsupervised,large numbers of children in rare,filthy ntdirtnete) 7.Par trig to obtain medial treatment for a child. 3 Moderate 0-15 working days Would include such things az L Ratio violations, • •2.Not enough staff 3.Inappropriate cliscipline which is not considered abase- 4.Poor staff supervision. S.Unqualified staff. &Rough handling of or yelling at children. 7.Inadequate or unsafe equipment 8 PaeYdy dirty or unsanitary to the level of being a health hazard.9.Unsafe transportation of children/too many children in vehicle. 10.Over enrollment 4 Mild 0-20 working days Would include suds things as L Ouldren not getting enough or adequate food. 2 Childsea not getting an adequate rest period. 3.Crying child-not attended to. 4.Parents not notified of injury to child. S.Staff checks bouncing. &Unlicensed are 5 Very Mild Depending on severity, MAY NOT BE A LICENSING VIOLATION next reasonable visit Would include such things as: I.Religious indoctrination 2.Poor busioes practices. 'Money roues; Categories 4 and 5 may be investigated through telephone all,letter or visit Any items in these categories may be deemed most seven and bumped to a higher categorydepending on thc specific dmsmstanca alleged. Poor business practices,for example,could be that the facility failed to file a tax return last year(5)or that thc facility failed to remit and hire qualified staff(3). EXHIBIT A 961.291 Page 1 of 1 & / 7 \ { ) ■ £ : I I 0 o $ ) off ! t I I o \ � / } / / 5 f } 2 b I / \ � I c j = E ; 2 0 I / / ) O % '/ \ / : � � . k \ \ ; o / § U0 . \ \ gg V a.Li \ ® ) 3 I. / 0 \ } \ � \ J ƒ Dog 2 ® ] V k 74 § \ z ƒ - a3 : G ` / ® a £ ) } / ) / ° [ e3 Lz7 { 0 2 az _ \ ~ 2 � o § 2 . agv a. ) 6.0 � { \ 7 § ; 0 2 2 ,S & § 2 \ \ © /s ; ~ \ o 2 § . Z 2 t = s ] J - 9 \ / n \ \ } } / ) 03 @ § t e3 { \ \ \ 0 a 0 \ , \ _ a \ \ ° ° _ 24 7 fJ 961291 mEmORAnDUM WIlDKirkmeyer, Date t u • t = r. Barbara Kirkme er Chair To Board of County Commissioners19, 1996 LET COLORADO Julyi . _„ From John Pickle, Director, Health Departmentg0,44 Subject: Day Care Home Inspection Contract Enclosed for Board approval and signature is a contract between the Colorado Department of Social Services and the Weld County Health Department for the inspection and investigation of day care homes in Weld County. Weld County Health Department will provide the dissemination of information regarding the licensing process, compile all documentation for licensure, inspect prospective homes and perform unannounced inspections of existing homes. The contract has basically the same provisions as last year's contract. For these services, the Health Department will receive $36,000 which is $100 more than last year's contract. The term of the contract is July 1, 1996 through June 30, 1997. I recommend your approval of this contract. Enclosures 961291 Hello